Field Sobriety Tests (FSTs) are commonly used by law enforcement to assess a driver's level of impairment due to alcohol or drugs. However, improper administration or interpretation of these tests can lead to false conclusions and unjust arrests. In this post, we'll explore how a skilled DUI defense attorney can effectively challenge FSTs to potentially secure a dismissal or acquittal for their clients.

Lack of Standardized Administration

One key strategy a defense attorney may employ is to challenge the standardized administration of FSTs. These tests, such as the Walk and Turn, One-Leg Stand, and Horizontal Gaze Nystagmus, have specific guidelines set by the National Highway Traffic Safety Administration (NHTSA) to ensure accuracy and fairness. If it can be demonstrated that the arresting officer deviated from these guidelines, the attorney can argue that the results are unreliable and should not be used as a basis for arrest.

Officer's Training and Certification

A crucial factor in evaluating the validity of FST results is the officer's training and certification. Defense attorneys can investigate whether the officer underwent proper training to conduct FSTs and whether their certification was up to date. If it's found that the officer lacked the necessary training or certification, it raises doubts about their ability to interpret the test results accurately.

Environmental Conditions and Test Reliability

Environmental factors play a significant role in a driver's performance during FSTs. Uneven surfaces, poor lighting, or distracting surroundings can all contribute to a person's inability to perform the tests satisfactorily, even if they're sober. A defense attorney can question whether these conditions might have influenced the test results and argue that the officer's observations were compromised.

Physical and Medical Considerations

Certain physical or medical conditions can impact a driver's performance on FSTs. Conditions like age, weight, disabilities, or inner ear issues can affect a person's balance and coordination, leading to inaccurate test results. A skilled defense attorney can highlight their client's pre-existing conditions and argue that they contributed to their poor test performance.

Corroborating Evidence and Probable Cause

Field Sobriety Tests are just one piece of evidence used to establish probable cause for arrest. A defense attorney can challenge the credibility of FST results by pointing out any lack of corroborating evidence, such as erratic driving behavior, slurred speech, or the absence of the smell of alcohol. If FSTs are the sole basis for arrest without additional evidence, the attorney can argue that there wasn't sufficient justification for the arrest.

Conclusion

Challenging Field Sobriety Tests requires a keen understanding of standardized protocols, officer training, environmental influences, medical conditions, and the overall context of the arrest. A skilled criminal defense attorney can meticulously examine these factors to build a strong case for dismissal or acquittal. If you or someone you know is facing DUI charges based on FST results, consulting an experienced defense attorney is essential to ensure that justice prevails and that improper administration doesn't lead to unwarranted legal consequences.

Navigating the complexities of DUI and criminal defense in Tucson or anywhere in Pima County, requires an experienced and dedicated attorney who understands the local legal landscape. At AJB Law Firm, attorney Amanda Bynum and her team are committed to providing personalized and strategic defense for our clients, ensuring their rights are protected every step of the way. If you or a loved one is facing DUI or criminal charges in Tucson, don’t hesitate to contact us for a consultation. Trust a seasoned DUI/criminal defense attorney in Tucson to fight for the best possible outcome in your case.

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